Environmental Permit
No. EP-136/2002
環境許可證編號EP-136/2002
ENVIRONMENTAL IMPACT
ASSESSMENT ORDINANCE
(CHAPTER 499)
Section 10
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL
PERMIT TO DECOMMISSION A DESIGNATED PROJECT
解除運作指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental Impact Assessment
Ordinance (the EIAO), the Director of Environmental Protection (the Director)
grants this environmental permit to the Civil Engineering Department
(hereinafter referred to as the “Permit Holder”) to decommission the designated
project described in Part B subject to the conditions specified in Part C.
The issue of this environmental permit is based on the
documents, approvals or permissions described below:
根據環境影響評估條例(環評條例)第10條的規定，環境保護署署長(署長)將本環境許可證批予土木工程署(下稱“許可證持有人”)以解除運作B部所說明的指定工程項目，但須遵守C部所列明的條件。
本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據﹕-
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Application No. 申請書編號 |
AEP-136/2002 |
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Document in the Register : 登記冊上的文件： |
(1) Environmental Impact Assessment – Demolition of
Buildings and Structures in the Proposed Kennedy Town Comprehensive
Development Area Site : Final EIA Report, EM&A Manual and Executive
Summary (Register No.: AEIAR-058/2002) [Hereinafter referred to as “the EIA
Report”] (1) 堅尼地城綜合發展區拆卸工程 環境影響評估 : 最終環境影響評估報告, 環境監察及審核手冊 及 行政摘要 (登記冊編號：AEIAR-058/2002) [下稱“環評報告”] (2) The Director’s letter of approval of the EIA Report
dated 16 April 2002, ref: EP2/H1/KT/PT2/85 Ax 1 (2) 環境保護署署長於2002年4月16日發出批准環評報告的信件 (檔案編號: EP2/H1/KT/PT2/85 Ax 1) (3) Application for an Environmental Permit No. AEP-136/2002 (3) 申請環境許可證編號AEP-136/2002 |
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Date 日期 |
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(Elvis W. K. AU) Assistant
Director (Environmental
Assessment and Noise) for the Director
of Environmental Protection 環境保護署署長 (助理署長(環境評估及噪音)區偉光代行) |
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PART
B (DESCRIPTIONS OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is
the description of the designated project mentioned in Part A of this
environmental permit (hereinafter referred to as the “Permit”):
下列為本環境許可證(下稱 “許可證”)A部所提述的指定工程項目的說明:
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Title
of Designated Projects 指定工程項目的名稱 |
Demolition of Buildings and Structures in the Proposed Kennedy Town
Comprehensive Development Area Site [The above designated projects are hereinafter referred to
as “the Project”] 堅尼地城綜合發展區拆卸工程 [上列指定工程項目下稱“工程項目”] |
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Nature of Designated Projects |
Decommissioning of a municipal
incinerator 解除一個市政焚化爐的運作 |
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Location
of Designated Projects 指定工程項目的地點 |
Kennedy
Town. The location of the
Project is shown on Figure 1 attached to this Permit. 堅尼地城。工程項目的地點如本環境許可證的圖1所示。 |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Decommissioning of a municipal
incinerator, including demolition of the existing chimneys, buildings and
structures in the proposed Kennedy Town Comprehensive Development Area site
of about 3.4 ha. where the existing incinerator locates, remediation of
contaminated soil and wastes within the site, and subsequent disposal of the
remediated soil and wastes. 解除一個市政焚化爐的運作，包括拆卸該焚化爐所在地面積約3.4公頃的 「堅尼地城綜合發展區」內現有的煙囪、大樓及建築物，整治及處置污染了的土壤及物料。 |
1. General
Conditions
1.1 The
Permit Holder and any person working on the Project shall comply with all
conditions set out in this Permit.
Any non-compliance by any person may constitute a contravention of the Environmental
Impact Assessment Ordinance (Cap.499) and may become the subject of appropriate
action being taken under the Ordinance.
1.2
The Permit Holder shall ensure full compliance with all legislation
from time to time in force including without limitation the Noise Control
Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water
Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354),
Occupational Safety and Health Ordinance (Cap. 509) and Factories and
Industrial Undertakings Ordinance (Cap. 59). This Permit does not of itself constitute any ground of
defense against any proceedings instituted under any legislation.
1.3
The Permit Holder shall make copies of this Permit together with
all documents referred to in this Permit or the documents referred to in Part A
of the Permit readily available at all times for inspection by the Director or
his authorized officers at all sites/offices covered by this Permit. Any reference to the Permit shall
include all documents referred to in the Permit and also the relevant documents
in the Register.
1.4
The Permit Holder shall give a copy of this Permit to the
person(s) in charge of the site and ensure that such person(s) fully understands
all conditions and all requirements incorporated by the Permit. The site refers to the site of the
Project and should mean the same hereinafter.
1.5
The Permit Holder shall display conspicuously a copy of this Permit
on the site at all vehicular site entrances/exits or at a convenient location
for public’s information at all times.
The Permit Holder shall ensure that the most updated information about
the Permit, including any amended Permit, is displayed at such locations. If the Permit Holder surrenders a part
or the whole of the Permit, the notice he sends to the Director shall also be
displayed at the same locations as the original Permit. The suspended, varied or cancelled Permit
shall be removed from display at the site.
1.6
The Permit Holder shall carry out the Project as described in Part
B of this Permit.
1.7
The Permit Holder shall ensure that the Project is designed and implemented
in accordance with the information and recommendations described in the EIA
Report (Register No. AEIAR-058/2002); other relevant documents in the Register;
and the information or mitigation measures described in this Permit, or
mitigation measures to be recommended in submissions that shall be deposited
with or approved by the Director as a result of permit conditions contained in
this Permit, or mitigation measures to be recommended under on going
surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in
the documents of the Register are not expressly referred to in this Permit,
such recommendations are nevertheless to be implemented unless expressly
excluded or impliedly amended in this Permit.
1.8
All submissions as required under this Permit, shall be rectified and
resubmitted in accordance with the comments, if any, made by the Director,
within one month of the receipt of the Director’s comments or otherwise
specified by the Director.
1.9
All submissions approved by the Director, all submissions
deposited without comments by the Director, or all submissions rectified in
accordance with comments by the Director under this Permit shall be construed
as part of the permit conditions described in Part C of this Permit. Any variation of the submissions shall
be approved by the Director in writing or as prescribed in the relevant permit
conditions. All submissions or any
variations of the submissions made after the establishment of an Environmental
Team (ET) and employment of an Independent Environmental Checker (IEC) referred
to in Condition 2.1 and 2.2 below shall be certified by the ET Leader and verified
by the IEC before submitting to the Director under this Permit.
1.10
The Permit Holder shall release all finalized submissions, as
required under this Permit, to the public by depositing copies in the
Environmental Impact Assessment Ordinance Register Office, or in any other
places, or any internet websites as specified by the Director, or by any other
means as specified by the Director for public inspection. For this purpose, the Permit Holder
shall provide sufficient copies of the submissions.
1.11
The Permit Holder shall notify the Director in writing the
commencement date of the Project at least one month prior to the commencement
of the Project. The Permit Holder shall notify the Director in writing
immediately if there is any change of the commencement date.
1.12
The Permit Holder shall notify the Director in writing the date of
handing over the site, or any part of the site, to other parties for the
purpose of redevelopment of the area at least one month prior to the handing
over of the area. The Permit
Holder shall notify the Director in writing immediately if there is any change
of the handing over date.
1.13
All submissions to the Director required under this Permit shall
be delivered either in person or by registered mail to the Environmental Impact
Assessment Ordinance Register Office (currently at 27/F, Southorn Centre, 130
Hennessy Road, Wanchai, Hong Kong).
Electronic copies of all finalized submissions required under this
Permit shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or
later) and in Portable Document Format (PDF) (version 4.0 or later), unless
otherwise agreed by the Director and shall be submitted at the same time as the
hard copies.
1.14
For the purpose of this Permit, “commencement of the Project” does
not include works related to site investigation, contamination confirmatory
investigation, site preparation or other works as agreed by the Director.
2.
Special
Conditions
2.1
An
Environmental Team (ET) shall be established by the Permit Holder no later than
one month before the commencement of the Project. The ET shall be headed by an
ET Leader. The ET Leader shall be a person who has at least 7 years' experience
in environmental monitoring and auditing (EM&A) or environmental
management. The ET and the ET Leader shall be responsible for the duties
defined in the EM&A Manual of the EIA Report (Register No. AEIAR-058/2002).
The ET Leader shall be responsible for the implementation of the EM&A
programme in accordance with the EM&A requirements as contained in the
EM&A Manual. The ET Leader shall keep a contemporaneous log-book of each
and every instance or circumstance or change of circumstances which may affect
the environmental impact assessment and each and every non-compliance with the
recommendations of the EIA Report (Register No. AEIAR-058/2002) or this Permit.
This log-book shall be kept readily available for inspection by all persons
assisting in supervision of the implementation of the EIA Report
recommendations and this Permit or by the Director or his authorized officers.
Failure to maintain records in the log-book, failure to discharge the duties of
the ET Leader as defined in the EM&A Manual or failure to comply with this
Condition would entitle the Director to require the Permit Holder by notice in
writing to replace the ET Leader. Failure by the Permit Holder to make
replacement, or further failure to keep contemporaneous records in the log-book
despite the employment of a new ET Leader may render the Permit liable to
suspension, cancellation or variation. The ET shall not be in any way an
associated body of the Contractor or the IEC for the Project.
2.2
An
Independent Environmental Checker (IEC) shall be employed by the Permit Holder
no later than one month before the commencement of the Project. The IEC shall be a person who has at
least 7 years' experience in environmental monitoring and audit (EM&A) or
environmental management. The IEC
shall be responsible for the duties defined in the EM&A Manual of the EIA
Report (Register No. AEIAR-058/2002), and shall audit the overall EM&A
programme described in the EIA Report (Register No. AEIAR-058/2002), including
the implementation of all environmental mitigation measures, submissions
required in the EM&A Manual, and any other submissions required under this
Permit. In addition, the IEC shall
be responsible for verifying the environmental acceptability of permanent and
temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s)
mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within 24 hours of
each and every occurrence, change of circumstances or non-compliance with the
EIA Report (Register No. AEIAR-058/2002) or this Permit, which might affect the
monitoring or control of adverse environmental impact. Where the IEC fails to so notify the
Director of the same, fails to discharge the duties of the IEC as defined in
the EM&A Manual or fails to comply with this Condition, the Director may
require the Permit Holder by notice in writing to replace the IEC. Failure to
replace the IEC as directed or further failure to so notify the Director
despite employment of a new IEC may render the Permit liable to suspension,
cancellation or variation. Notification
by the Permit Holder is the same as notification by the IEC for the purpose of
this Condition. The IEC shall not be in any way an associated body of the
Contractor or the Environmental Team for the Project.
2.3
All
submissions for approval and deposition under Sections 2.6, 2.12(b), 2.14(b), 2.16,
3.4 and 3.5 of this Permit shall be verified and certified by the IEC as
conforming to the information and recommendations contained in the EIA Report and
the approved Waste Management Plan before submission to the Director.
2.4
The
Permit Holder shall, within one month after the commencement of the Project,
inform the Director in writing of the management organization of the main
companies and/or any form of joint ventures associated with the carrying out of
the Project. The submitted information shall include at least an organization
chart, names of responsible persons and their contact details.
Contamination Confirmatory Investigation
2.5
A
proposal on contamination confirmatory investigation (CCI) shall be submitted
to the Director for approval at least 6 months before the commencement of the
Project. The CCI shall not
commence within 3 weeks of submission of the CCI proposal. The CCI shall provide further information on the extent of
contamination at the Investigation Areas A, B, C and D shown in figure 3
of this Permit in addition to those assessed in the EIA Report (Register No.
AEIAR-058/2002). Six hard copies and one electronic copy of the findings of
the CCI shall be deposited with the Director at least two months before the
commencement of the Project.
Submission
of Waste Management Plan
2.7
The
WMP shall include, but not limited to, the following information for each type of the wastes. The types of wastes to be covered should
include asbestos containing materials, dioxin/furan contaminated wastes,
contaminated soil, and construction and demolition materials.
(a) summary of the locational
sources, quantity, level of contamination (if applicable), remediation required
prior to disposal (if applicable), and on-site and off-site disposal methods
for different type of wastes;
(b) timings for generation,
remediation (if applicable), temporary on-site stockpiling or storage, and
final on-site or off-site disposal of different type of wastes;
(c) timings for conducting the
pilot tests as required under conditions 2.12(a) and 2.14(a);
(d) method statements on the
remediation works to be carried out on different types of contaminated soil and
wastes, and the confirmatory and parallel independent testing to be conducted;
(e) on-site waste management
measures to control nuisances during the generation, handling, remediation (if
applicable), and temporary stockpiling of the different types of wastes, in
particular for asbestos containing materials, dioxin/furan contaminated wastes
and contaminated soil;
(f) possible recycling and reuse
of materials;
(g) location of the disposal
site(s) for various types of wastes;
(h) confirmation on whether or
not barges would be used for removal of wastes;
(i)
transportation
routing(s) of the removal of various types of wastes from the project site to
the disposal site(s);
(j)
measures
to control nuisances due to transportation of different type of wastes, in
particular to avoid loss of asbestos containing materials, dioxin/furan
contaminated wastes and contaminated soil; to remove possible soil left on the
first several hundred meters of roads by vehicles leaving the site, such as the
option of using specially design road cleansing vehicle; and to reduce dust
nuisance from trucks carrying wastes, such as the option of installing
mechanical covers to trucks;
(k) trip-ticket system for waste
transfer/disposal operations, including a certification system to confirm to the
disposal site’s operator that the contaminated wastes have been remediated to meet
the specific disposal criteria; and
(l)
responsibilities
for implementation.
2.8
All
the measures recommended in the approved WMP shall be fully implemented in
accordance with the requirements and time schedule(s) set out in the WMP.
2.9
Before
obtaining the Director’s approval on the WMP as required under condition 2.6,
no disposal of waste, spoil, soil, excavation materials or materials obtained
from the Project site shall be allowed at any locations.
Control on Demolition
2.10
Non-blasting
methods shall be used for the demolition of all structures within the project
site boundary including buildings and chimneys.
2.11
All
Asbestos Containing Materials (ACM) shall be removed prior to commencement of
demolition works except for those ACM removal works that are constrained by
access and have to be handled while the demolition work progresses.
Remediation and Disposal of Wastes contaminated
by Dioxins and/or Furans
2.12
Treatment
and disposal of wastes contaminated with dioxins and/or furans as identified in
Appendix A of this permit and in the CCI findings shall be carried out in
accordance with the approved WMP and shall include the following steps:
(a)
conduct
pilot mixing and Toxicity Characteristic Leachate Procedures (TCLP) tests for
the contaminated wastes to verify the effectiveness of the mix and establish
the necessary cement to wastes ratio for the purpose of compliance with the 1
part per billion toxicity equivalent (1 ppb TEQ) TCLP criteria;
(b)
inform
the Director the results of the pilot tests for confirmation of the disposal site. If the pilot tests identify that some
of the contaminated wastes would need to be disposed of as Chemical Wastes, the
fallback option to be adopted to dispose of the Chemical Wastes and the
associated method statements shall be provided together with the results of the
pilot tests;
(c)
treat
the contaminated wastes by mixing with cement;
(d)
seal
the treated wastes into steel drums lined with plastic sheeting after passing
the TCLP test as stated in Appendix B of this Permit. Duplicate samples of the treated wastes may need to be
collected for parallel testing by another qualified laboratory if requested by
the Director; and
(e)
dispose
of the drummed material in condition 2.12(d) above to a Government landfill
agreed by the Director under condition 2.12(b) above.
2.13
Testing
shall be conducted on samples taken from any materials left on the North, South,
East, West and underneath of the removed materials to confirm that all
contaminated materials failing to meet the criteria of 1 ppb TEQ have been
removed for treatment. Duplicate
samples of the materials may need to be collected for parallel testing by
another qualified laboratory if requested by the Director.
Remediation and Disposal of Soil
Contaminated with Heavy Metal and/or Hydrocarbons
2.14
Remediation
for contaminated soil identified in Appendix A of this permit and in the CCI
findings shall be carried out in accordance with the approved WMP and shall
include the following steps:
(a)
conduct
pilot mixing and Toxicity Characteristic Leachate Procedures (TCLP) tests for the
contaminated soil to verify the effectiveness of the mix to establish the
necessary cement to soil ratio for the purpose of compliance with the criteria
stated in Appendix B of this permit;
(b)
inform
the Director the results of the pilot tests for confirmation of the disposal
site;
(c)
soil
contaminated with heavy metal shall be treated by mixing with cement and reused
on site after passing the TCLP test as stated in Appendix B of this Permit.
Duplicate samples of the treated soil may need to be collected for parallel
testing by another qualified laboratory if requested by the Director;
(d) soil contaminated with
petroleum hydrocarbons and/or polynuclear aromatic hydrocarbons shall be
disposed of at a Government landfill agreed by the Director after passing the
TCLP test as stated in Appendix B of this permit. If the contaminated soil fails the tests, they shall be
treated by mixing with cement and subsequently tested to have passed the TCLP
tests before disposed of at the agreed landfill. Duplicate samples of the treated soil may need to be
collected for parallel testing by another qualified laboratory if requested by
the Director; and
2.15
Testing
shall be conducted on soil samples taken from the North, South, East, West face
of the excavated holes, and at the base of the holes to confirm that all
contaminated soil failing to meet the “Dutch B levels” have been removed for
treatment. (The “Dutch B” Levels
are shown in Appendix IV of ProPECC PN 3/94 which is also attached at Appendix
C of this Permit for ease of reference.)
Duplicate samples of the soil may need to be collected for parallel
testing by another qualified laboratory if requested by the Director.
Submission
of Remediation Report(s)
2.16
Six
hard copies and one electronic copy of Remediation Report(s) shall be deposited
with the Director after the completion of the remediation and disposal of
contaminated soil and wastes at specific site areas. The Remediation Report(s) shall demonstrate that the
remediation and disposal work for the site area that it covers has been
undertaken according to the specified methodology and has been shown to be
adequate. The Remediation
Report(s) shall be submitted at least four weeks before the concerned area is
handed over to other parties for redevelopment of the site.
Mitigation Measures to prevent Nuisances
2.17
Mitigation
measures shall be implemented to prevent pollution, control nuisances, and
reduce risk during the remediation phases, in accordance with the EIA Report
(Register No. AEIAR-058/2002), including but not limited to the following:
(a)
Storage
and treatment operations on the disturbed contaminated soil, wastes, and
remediated wastes prior to their disposal off-site shall be carried out in a
covered area with paved floor bounded by a continuous and impermeable concrete
bund of at least 20 cm high to control run-off. This condition does not apply to storage of remediated soil
which has passed the TCLP test and are intended to be reused on site as stated
in condition 2.14(c);
(b)
if
groundwater extraction is necessary as part of the work, it shall be collected
and reused on site, in particular for treatment operations on contaminated soil
and wastes. If there is any
surplus groundwater required to be discharged after site usage, the Permit
Holder shall obtain prior consent from the Director; and
(c)
mitigation
measures proposed in the WMP and approved under condition 2.6 to control
nuisances associated with on-site handling and off-site transportation of the
contaminated soil and wastes shall be implemented.
2.18
Mitigation
measures shall be implemented to prevent other demolition related nuisances
throughout the demolition and remediation phases, in accordance with the EIA
Report (Register No. AEIAR-058/2002), including but not limited to the
following:
(a)
provide
boundary hoarding of height not less than 5.5 meters measured from street level
modified to perimeter noise barrier form, and made of panels with superficial
surface density not less than 10 kg/m2;
(b)
provide
moveable noise barriers close to powered mechanical equipment (PME) in cases
where, in the opinion of the ET leader, IEC or the Director, such PME has the
potential to cause excessive noise nuisance to sensitive receivers and where a
benefit will result from providing the barriers;
(c)
if
necessary, in addition the conditions 2.18(a) and (b), modify continuous
operational periods for noisy plant or take other measures to comply with the
construction noise criteria;
(d)
use
adequately designed and maintained perimeter channels, sediment traps,
temporary channels, temporary diversion and oil interception facilities to
mitigate site run-off impacts;
(e)
divert
all clean surface water around the site; and
(f)
provide bunded areas for generators, and
for storage of fuel, oil and chemical wastes.
3.
Environmental Monitoring and Audit (EM&A)
for the Project
3.1
The
EM&A programme shall be implemented as set out in the EM&A Manual of
the EIA Report. Any changes to the programme shall be justified by the IEC as
conforming to the requirements set out in the EM&A Manual and shall be submitted
to the Director for approval.
3.2
A
complaint investigation procedure shall be set up at least two weeks before the
commencement of the Project. The
complaint investigation procedure shall follow the requirements set out in the
EM&A programme.
3.3
All
environmental monitoring and audit data submitted under this Permit shall be
true, valid and correct.
3.4
Four
hard copies and one electronic copy of the Baseline Monitoring Report shall be
submitted to the Director at least two weeks before the commencement of the
Project. Additional copies of the submission shall be provided to the Director
upon request from the Director.
3.5
Four
hard copies and one electronic copy of monthly EM&A Report shall be
submitted to the Director within two weeks after the end of the reporting
month. Additional copies of the submission shall be provided to the Director
upon request from the Director.
3.6
The
actions described in the Event/Action Plans of the EM&A Manual shall be
fully and properly carried out, in accordance with the time frame(s) set out in
the Event/Action Plan, or as agreed by the Director.
4.
Electronic Reporting of EM&A Information
4.1
To
facilitate public inspection of the Baseline Monitoring Report and monthly
EM&A Reports via the EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports shall be prepared in Hyper Text Markup
Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF
version 4.0 or later), unless otherwise agreed by the Director and shall be
submitted at the same time as the hard copies as described in Conditions 3.4
and 3.5 of this Permit. For the HTML version, a content page capable of
providing hyperlinks to each section and sub-section of these Reports shall be
included at the beginning of the document. Hyperlinks to all figures, drawings
and tables in these Reports shall be provided in the main text where the
respective references are made. All graphics in these Reports shall be in
interlaced GIF format unless otherwise agreed by the Director. The content of
the electronic copies of these Reports shall be the same as the hard copies.
4.2
All
environmental monitoring data described in Condition 4.1 above shall be made
available to the public via internet access in the shortest possible time and
in no event later than two weeks after the relevant environmental monitoring
data are collected or become available, unless otherwise agreed with the
Director. The Permit Holder shall notify the Director in writing, within six
weeks after the commencement of the Project, the internet address where the
environmental monitoring data are to be placed. The internet address and the
relevant environmental monitoring data shall be made available to the public
via the EIAO Internet Website and the EIAO Register Office.
4.3
The
internet website as described in Condition 4.2 above shall enable user-friendly
public access to the monitoring data with features capable of:
(a)
providing
access to all environmental monitoring data collected since the commencement of
the Project;
(b)
searching
by date;
(c)
searching
by types of monitoring data; and
(d)
hyperlinking
to relevant monitoring data after searching;
or otherwise as agreed by the Director.
Notes
:
1. This Permit consists of three parts, namely,
PART A (Main Permit), PART B (Description of Designated Project) and PART C
(Permit Conditions). Any person relying on this permit should obtain
independent legal advice on the legal implications under the Ordinance, and the
following notes are for general information only.
2.
The Permit Holder may apply under Section 13 of the Ordinance to the Director
for a variation of the conditions of this Permit. The Permit Holder shall
replace the original permit displayed on the Project site by the amended
permit.
3.
A person who assumes the responsibility for the whole or a part of the
designated project may, before he assumes responsibility of the designated
project, apply under Section 12 of the Ordinance to the Director for a further
environmental permit.
4.
Under Section 14 of the Ordinance, the Director may with the consent of the
Secretary for the Environment and Food, suspend, vary or cancel this Permit.
The suspended, varied or cancelled Permit shall be removed from display at the Project
site.
5.
If this Permit is cancelled or surrendered during the Project, another
environmental permit must be obtained under the Ordinance before the Project
could be continued. It is an offence under Section 26(1) of the Ordinance to decommission
a designated project listed in Part II of Schedule 2 of the Ordinance without a
valid environmental permit.
6.
Any person who carries out the Project contrary to the conditions in the
Permit, and is convicted of an offence under the Ordinance, is liable: -
(i) on a first conviction on
indictment to a fine of $ 2 million and to imprisonment for 6 months;
(ii) on a second or subsequent conviction on
indictment to a fine of $ 5 million and to imprisonment for 2 years;
(iii) on a first summary conviction to a fine at
level 6 and to imprisonment for 6 months;
(iv) on a second or subsequent summary
conviction to a fine of $1 million and to imprisonment for 1 year; and
(v) in any case where the offence is of a
continuing nature, the court or magistrate may impose a fine of $ 10,000 for
each day on which he is satisfied the offence continued.
7.
The Permit Holder may appeal against any condition of this Permit under Section
17 of the Ordinance within 30 days of receipt of this Permit.
8.
The Notes are for general reference only and that the Permit Holder should
refer to the EIA Ordinance for details and seek independent legal advice.
9.
Occupational safety and health issues are governed by the Occupational Safety
and Health Ordinance (Cap. 509), and Factories and Industrial Undertakings
Ordinance (Cap.59). The Permit Holder is advised to contact the Labour
Department for requirements relating to occupational safety and health issues.
Locations Identified in the EIA Report (AEIAR-058/2002) Requiring
Remediation and the
Actions Recommended
(Extracted
from table 4.3 of the EIA Report, Register No. AEIAR-058/2002))
Table
A Soil/Rubbles/Ash Wastes Remediation Actions
Required
|
Borehole# |
Action Required |
Remove concrete surface
and clear uncontaminated surface material and stockpile |
Proposed depth of Material
for Removal or Treatment |
Remedial Action |
Reassurance / Confirmatory
Sampling |
|
TB1 |
Yes |
Concrete down to 0.3m depth |
Immediately below concrete 0.3m to 4.0m |
Immobilisation for 0.3m to 2.0m and 3.0m to 4.0m* TCLP test followed by removal of 2.0m to 3.0m to
landfill. Immobilisation if TCLP
tests exceed criteria **. |
Yes, determine extent of HM (Cd, Cu, Pb, Zn and
Hg) and TPH contamination at edge and base of excavated hole.* |
|
TB2 |
Yes |
Concrete down to 0.5m depth |
Immediately below concrete 0.5m to 1.5m |
Immobilisation* |
Yes, determine extent of HM (As, Cu, Pb and Zn)
contamination at edge and base of excavated hole.* |
|
TB3 |
Yes |
Concrete down to 2.5m depth |
2.5m to 3.5m |
Immobilisation * |
Yes, determine extent of HM (Cu, Pb, Zn and Hg)
contamination at edge and base of excavated hole.* |
|
TB4 |
Yes |
Down to 2.2m depth |
2.2m to 4.2m |
Immobilisation * |
Yes, determine extent of HM (As, Cu, Pb and Zn)
contamination at edge and base of excavated hole.* |
|
TB5 |
Yes |
Concrete down to 1.8m. Down to 2.5m depth |
2.5m to 4.0m |
Immobilisation* |
Yes, determine extent of HM (Pb) contamination at
edge and base of excavated hole.* |
|
TB8 |
Yes |
Concrete
down to 1m. Down to 2.5m |
2.5m
to 3.5m |
TCLP test followed by
removal of 2.5m to 3.5m to landfill.
Immobilisation if TCLP tests exceed criteria **. |
Yes, determine extent of PAH contamination at edge
and base of excavated hole.* |
|
TB9 |
Yes |
Concrete down to 1.0m depth |
1.0m to 2.0m |
Immobilisation* |
Yes, determine extent of HM (Pb) contamination at
edge and base of excavated hole.* |
|
TB10 |
Yes |
Surface rubble/ash and brick material (not soil)
about 1.5m depth. |
1.5
m |
Clear Waste to
landfill. Waste to be treated
and tested to meet EPD disposal criteria. |
Yes, determine extent of HM (As, Cd, Cu, Pb, Zn)
TPH and PCDD/PCDF contamination under surface contaminated materials.* |
|
TB11 |
Yes |
Down to 1.5m depth |
1.5
m |
Clear Waste to
landfill. Waste to be treated
and tested to meet EPD disposal criteria. |
Yes, determine extent of HM (Cd, Cu, Pb, and Zn)
and PCDD/PCDF contamination under surface contaminated materials.* |
|
TB11 |
Yes |
Below hardstanding surface (soil materials) |
1.5
to 4.0m |
Immobilisation* |
Yes, to determine extent of HM (Pb) contamination
at edge and base of excavated hole. |
|
TB12 |
Yes |
Concrete down to 0.5m |
0.5
to 1.5m |
Immobilisation* |
Yes, determine extent of HM (Cd, Cu, Pb and Zn)
contamination at edge and base of excavated hole.* |
|
TB13 |
Yes |
Down to 2.5m |
2.5m
to 3.5m |
Immobilisation* |
Yes, determine extent of HM (Pb, Zn, Hg)
contamination at edge and base of excavated hole.* |
|
TB15 |
Yes |
Concrete down to 0.4m |
0.4
to 2.4m |
TCLP test followed by removal of 0.4m to 2.4m to
landfill. Immobilisation if TCLP
tests exceed criteria **. |
Yes, determine extent of HM (As, Cu, Pb, Hg and
Zn) and PAH contamination at edge and base of excavated hole.* |
|
TB16 |
Yes |
Concrete down to 0.8m |
0.8
to 4.3m |
Immobilisation * |
Yes, determine extent of HM (Cu, Pb and Zn)
contamination at edge and base of excavated hole.* |
|
TB17 |
Yes |
Concrete down to 0.4m |
0.4
to 2.4m |
Immobilisation * |
Yes, determine extent of HM (Pb and Hg)
contamination at edge and base of excavated hole.* |
|
TB18 |
Yes |
Concrete down to 1.0m |
1.0m
to 2.0m |
Immobilisation * |
Yes, determine extent of HM (Pb) contamination at
edge and base of excavated hole.* |
|
TB19 |
Yes |
Concrete down to 0.6m |
0.6m
to 4.0m |
Immobilisation * |
Yes, determine extent of HM (Pb and Hg)
contamination at edge and base of excavated hole.* |
|
TB20 |
Yes |
Concrete down to 0.3m |
0.3m
to 2.3m |
TCLP test followed by removal of 0.3m to 2.3m to
landfill. Immobilisation if TCLP
tests exceed criteria **. |
Yes, determine extent of HM (As, Cu, Pb, Hg, Cd
and Zn) PAH and TPH contamination at edge and base of excavated hole.* |
|
TB21 |
Yes |
Concrete down to 0.5m |
0.5m
to 5.0m |
TCLP test followed by removal of 0.5m to 3.5m to
landfill. Immobilisation if TCLP
tests exceed criteria **. Remaining depth to be
immobilised to 5m * |
Yes, determine extent of HM (Cu, Pb, Hg and Zn)
and TPH contamination at edge and base of excavated hole.* |
|
TB22 |
Yes |
Concrete down to 0.5m |
0.5
to 1.5m |
Immobilisation * |
Yes, determine extent of HM (Pb) contamination at
edge and base of excavated hole.* |
|
TB23 |
Yes |
Concrete down to 0.5m |
0.5
to 4m |
Immobilisation* |
Yes, determine extent of HM (Pb) contamination at
edge and base of excavated hole.* |
|
TB24 |
Yes |
Concrete down to 1.2m |
1.2
to 4.2m |
Immobilisation* |
Yes, determine extent of HM (Cu, Pb and Hg) contamination at edge and
base of excavated hole.* |
|
TB25 |
Yes |
Concrete down to 0.9m. Down to 1.0m |
Depth
1.0m – 4.4m |
TCLP test followed by removal of 1.0m to 2.9m to
landfill. Immobilisation if TCLP
tests exceed criteria **. Immobilisation for remaining 2.9m to 4.4m* |
Yes, to determine extent of HM (Pb, Hg) and PAH
contamination at edge and base of excavated hole.* |
|
TB26 |
Yes |
Concrete down to 0.8m |
Depth
0.8m – 3.0m |
TCLP test followed by removal of 0.8m to 3.0m to
landfill. Immobilisation if TCLP
tests exceed criteria **. |
Yes, to determine extent of HM (Pb, Cu, Zn, Hg)
and TPH contamination.* |
|
TB27 |
Yes |
Concrete down to 0.5m and clean soil down to 2.0m |
2.0
to 4.0m |
TCLP test followed by
removal of 2.0m to 4.0m to landfill.
Immobilisation if TCLP tests exceed criteria **. |
Yes, determine extent of HM (Cu and Pb) and PAH
contamination at edge and base of excavated hole.* |
|
TB28 |
Yes |
Concrete down to 0.4m |
0.4
to 4.4m |
Immobilisation* |
Yes, determine extent of HM (As, Cd, Cu, Pb, and
Zn) contamination at edge and base of excavated hole.* |
|
TB29 |
Yes |
Concrete down to 0.5m |
0.5
to 3.5m |
Immobilisation* |
Yes, determine extent of HM (Cu, Pb, Hg and Zn)
contamination at edge and base of excavated hole.* |
|
TB30 |
Yes |
Concrete down to 0.6m |
0.6
to 1.6m |
Immobilisation* |
Yes, determine extent of HM (Pb) contamination at
edge and base of excavated hole.* |
|
Refuse
Bunkers |
Yes |
N/A |
N/A |
Landfill disposal * |
Examine bunker refuse prior to demolition. |
# For location of boreholes,
please refer to figure no. 2 of the Permit
* If contamination confirmed by
reassurance sampling extract a further 1m into the soil, immobilise and
resample.
** TCLP test for all metals
identified in Table E1 in EPD Contaminated Sites Investigation and Remediation
Guidance Notes
--- END OF APPENDIX A ---
